KINGSVILLE - A Kingsville school trustee indicted on a charge of sexual assault of a child told fellow board members Thursday he will not resign.

Rudy Macareno, 41, participated in a closed meeting of the Kingsville Independent School District board in which trustees consulted their attorney for about 30 minutes to consider what to do about Macareno's position on the board.

After the closed session, Board President Melissa Windham said school officials have tried to get information about the conditions of Macareno's release on bail but have been hampered by a gag order in the case that prevents attorneys, police and court officials from speaking publicly about it.

Before 105th District Judge Angelica Hernandez issued the order, the Kingsville Record reported that Macareno denied the accusations and told the judge his bail conditions won't prevent him from acting as a school trustee because he is not required to attend events involving children.

Macareno, whose attorney was with him at the district's administration building, quietly left the meeting after the board adjourned.

Elizabeth Neally, an attorney for the board, said trustees were trying to ascertain whether Macareno could indeed continue serving, given his bail conditions as reported by the Kingsville newspaper, which include that he must avoid places where children are likely to congregate. But Neally also said it ultimately wasn't the board's responsibility to determine whether he was in violation of those conditions.

Board meetings are held at the district's administration building, not on a school campus.

Neally did not say whether any board members requested that Macareno resign; only that they asked about his intentions.

Macareno's decision to attend the meeting created a seemingly awkward situation in which board members were discussing his predicament within his presence. But school policy, which closely mirrors state law, showed no indication that his indictment in any way curtails his right to continue participating as a trustee, Neally said.

There are only three paths for his removal: resignation, a public recall petition, or conviction on felony or official misconduct charges, Neally said.

She said in 26 years of practicing school law she has not seen a situation like this.

Macareno was indicted last week on charges of indecency with a child and aggravated sexual assault of a child.

Before the gag order was issued, the Kingsville Record reported that the indictment alleged an assault involving a girl in August 2010.

It's unclear where the assault was alleged to have happened, including whether it involved a student or school premises. School officials haven't been provided with information about the allegations, Assistant Superintendent Karen Griffith said.

As co-owner of Macareno Signs near Kleberg Elementary School, Macareno won't be allowed at the business from 8 a.m. to 3 p.m., with similar rules applying to his other business, Platinum Gym and Fitness, the newspaper reported.

Before the gag order was in place, Hubert told the Record the indictment was related to one of two people who made complaints against Macareno.

Macareno was elected to the board in May 2012, Griffith said.

Windham, the board president, said school officials would continue to try to get information from the court and call additional meetings as necessary, but that all public statements in the meantime would be directed to Neally.